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Madras High Court Allows Second Appeal in Partition Suit Due to Failure to Prove Will by Examining Attesting Witness. Concurrent Findings Set Aside as Will Not Proved Under Sections 68 and 69 of Indian Evidence Act, 1872.

The first plaintiff in a partition suit filed O.S. No.121 of 2010 before the Principal Sub Judge, Nagercoil, seeking partition and separate possession...

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Bombay High Court Allows Appointment of Sole Arbitrator in Will Dispute Between Surviving Heirs. Arbitration clause in last Will and testament of deceased father invoked for disputes over locker jewellery allegedly removed by respondent.

The applicant, Ashwin Maganlal Savani, filed an application under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of a S...

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Bombay High Court Allows Writ Petition in Land Acquisition Case — Compensation Enhanced Due to Inadequate Market Value Assessment. Court Held That Reference Court Erred in Not Considering Comparable Sale Instances and Potential Value of Land for Development Under Land Acquisition Act, 1894.

The case pertains to a writ petition filed by the legal representatives of the original claimant, Sahadeo Mahadik, challenging the judgment and award ...

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Bombay High Court Dismisses Revision Against Rejection of Plaint Rejection Application in Partition Suit. Court Holds That Plaint Cannot Be Rejected Under Order VII Rule 11 CPC When Averments Disclose a Cause of Action, Even If Ancestral Character of Property Is Disputed.

The case involves a civil revision application filed by Mohan Hirachand Shah (defendant no.1) against an order of the Civil Judge, Senior Division, Al...

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Supreme Court Dismisses Appeal Against Rejection of Revocation of Letters of Administration in Ancillary Grant Case. Limitation for Revocation Application Runs from Date of Grant, Not Knowledge, Under Article 137 of Limitation Act, 1963.

The case involves an appeal by Ramesh Nivrutti Bhagwat against the Bombay High Court's decision affirming the rejection of his application for revocat...

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Bombay High Court Allows Second Appeal in Partition Suit — Sale by Brother for Legal Necessity Upheld. Daughters' Claim for Partition Dismissed as Sale Deed Dated 28.3.1968 Was Supported by Legal Necessity and Prior Conditional Sale.

The case involves a partition suit filed by two daughters (plaintiffs) against their brother Tukaram and the appellant (defendant no.1), who purchased...

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Bombay High Court Allows Appeal in Succession Act Case — Appellants Granted Letters of Administration Despite Objections. Court holds that objectors failed to prove that the Will was not duly executed or that the testator lacked testamentary capacity under the Indian Succession Act, 1925.

The case involves a dispute over the grant of Letters of Administration in respect of the Will of late Dattaram Shirodkar. The appellants, who are the...

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Bombay High Court Allows Appeal Against Single Judge Order Requiring Separate Valuation and Court Fees for Joint Will Probate. Court Holds That a Joint Will Executed by Testator and Testatrix Constitutes a Single Subject for Probate, Attracting Single Court Fee Under Bombay Court Fees Act.

The appeal arose from an order of the Learned Single Judge dated 6 February 2013 in a Testamentary Petition for probate of a joint will executed by Ka...

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Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Suit for Declaration of Ownership and Injunction — Petitioner Failed to Prove Title Over Disputed Property.

The petitioner, Dr. Arjun Sitaram Nitinwar, filed a suit for declaration of ownership and permanent injunction against the respondents in the Court of...